Clause & Effect
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Decisions of Interest
ALM Staff
&
Law Journal Newsletters
Recent rulings of interest to you and your practice.
Features
Tracking Enhanced Earnings Awards
Ronnie P. Gouz
&
Benjamin E. Schub
Ever since the 1985 landmark case of <i>O'Brien v. O'Brien</i> was decided by the New York Court of Appeals, the concept of enhanced earning capacity (EEC) has been one of the most controversial areas in New York matrimonial law practice.
Features
Inquest on Damages
Katherine W. Dandy
&
Max G. Gaujean
Because the issue of damages is so intertwined with the issue of causation in a medical malpractice action, and because such actions are unique in that a defendant doctor can be negligent without being the cause of any injury, the authors submit that a defaulting defendant should be permitted to introduce evidence on the issue of whether the claimed injury resulted from the alleged malpractice, or from another factor or factors, in whole or in part.
Features
The Battle of the Experts
John Ratkowitz
When complex medical issues are at stake in a trial, attorneys have to address not just the details of the science to allow the jury to engage in its search for truth.
Circuit Court Says U.S. Tort Claims Must State Damages in 'Sum Certain'
Janice G. Inman
In a case that did not involve a medical malpractice allegation but that could affect the prosecution of cases against the United States for botched medical care, the U.S. Court of Appeals for the Third Circuit recently held that a lawsuit could not go forward until a "sum certain" in damages was alleged.
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